Texas

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Texas received at least $7,050,631* in federal funding for abstinence-only-until-marriage programs in Fiscal Year 2003.¹

Texas Sexuality Education Law

Texas does not require sexuality education. However, Texas Education Code states that if a school district does teach sexuality education, HIV/AIDS prevention, or sexually transmitted disease (STD) prevention education, then they must:

1. present abstinence from sexual activity as the preferred choice of behavior in relationship to all sexual activity for unmarried persons of school age;
2. devote more attention to abstinence from sexual activity than to any other behavior;
3. emphasize that abstinence from sexual activity, if used consistently and correctly, is the only method that is 100 percent effective in preventing pregnancy, sexually transmitted diseases, infection with human immunodeficiency virus or acquired immune deficiency syndrome, and the emotional trauma associated with adolescent sexual activity;
4. direct adolescents to a standard of behavior in which abstinence from sexual activity before marriage is the most effective way to prevent pregnancy, sexually transmitted diseases, and infection with human immunodeficiency virus or acquired immune deficiency syndrome; and
5. teach contraception and condom use in terms of human use reality rates instead of theoretical laboratory rates, if instruction on contraception and condoms is included in curriculum content.

If a school district implements a sexuality education program, they must also set up an advisory council. Parents with children enrolled in the district who are not employed by the district must make up the majority of this board. Parents or guardians can remove their children from any part of sexuality education instruction by submitting a written request to the principal. This is referred to as an "opt-out" policy.

See Texas Education Code Sections 28.004 and 26.010.

Recent Legislation

The Texas legislature does not carry bills over from one session to the next. Related 2003 and 2004 bills are listed. The Texas legislature does not have a regular session in 2004.

Virtues Education Program Signed by Governor, 2003 Session

House Concurrent Resolution 73, signed by Governor Rick Perry (R) on June 22, 2003, directs the Texas Education Agency and the State Board of Education to adopt and promote a "virtues education program." The resolution outlines various components of what the program will include such as citizenship, faith, friendliness, and purity, among others. "Promiscuity" and "teenage pregnancies" are mentioned as problems intended to be addressed by the program.

Events of Note

ACLU Steps in When Principal Forcibly Removes Stickers from Students' Clothes
May 2003; San Antonio, TX

The Amnesty International Club at Burbank High School in San Antonio, TX, gained the backing of the American Civil Liberties Union (ACLU) in a dispute with the school administration. The group claims school officials violated students' right to free speech by forcibly removing stickers signifying support for gay rights from students' clothing and disbanding an extracurricular club.

The dispute began when members of the recently established Amnesty International Club approached the school administration about participating in the National Day of Silence. The event, which schools across the country participate in each year, is designed to highlight discrimination and violence against gay, lesbian, bisexual, and transgendered individuals. The principal denied the request. Students were told they could participate in the demonstration as individuals, but that the school would not support it.

Many students chose to wear Day of Silence stickers. The former leader of the club said, "We felt it was important. . . . many students here are so afraid to be themselves because they're afraid of getting harassed. We felt as a community, as a student body, we should learn to accept each other."²

Club members say that on the day of the event, hundreds of students and teachers were told to take off their Day of Silence stickers. Students who wouldn't comply had their stickers forcibly removed from them. One high school junior reported, "They were physically ripping stickers off of people. . . A girl got her shirt torn. They had told her to take [the sticker] off so many times, she had stapled it to her shirt."³ A high school teacher said that, "Kids were coming to me between classes and during classes, crying like they were running from the administration. . . They were afraid . . . for wearing the sticker."⁴ There were some reports of the principal interrupting classes to demand that students take the stickers off their clothing.

At the end of the day, the Amnesty International members were told that their club had been disbanded. The former club leader was so outraged that she wrote a letter detailing what had happened to local media, Amnesty International headquarters, and the ACLU.

In late May, the ACLU sent a letter to the high school principal, informing him that the school officials had violated the students' constitutional rights. The letter stated that, "ironically, the actions taken by school officials reflect the very discrimination that the Day of Silence is intended to spotlight."⁵ The letter demanded reinstatement of the club and "written assurance that your school will not restrain, interfere with, or retaliate against the Amnesty International Club or individual students if they participate in the Day of Silence or similar speech in the future."⁶

School Board OKs Sexuality Education Curriculum Changes
April 2003; Leander, TX

In April 2003, the school board in Leander, TX, approved a revised sexuality education curriculum designed by a district health advisory committee. The new curriculum allows teachers, beginning in the eighth grade, to discuss oral and anal sex with students when teaching about STDs and to use the specific phrases "oral sex" and "anal sex."

The changes were first proposed by teachers who became frustrated with their inability to discuss these topics with their students, despite the teens' ignorance about the inherent risks of such acts. An eighth grade sexuality education teacher explained, "I appreciate them allowing me to use the proper terminology as we talk about dangerous behaviors. It will be easier because I don't have to sidestep or refer the questions (students) have to other sources."⁷

District officials had debated the issue for months. They were concerned about a growing belief among students that these acts do not pose any health risks and do not constitute sex. At the same time, many parents and school board members voiced opposition out of fear that discussion of these acts would create graphic images in the minds of young people and introduce new ideas to the teens.

At one point, the school board proposed finding a sensitive way to teach the subject that would not use the actual phrases. However, the health advisory committee stood by its decision that teachers need to use the words in order to fully inform students about the health risks. The school board eventually agreed, and the new curriculum was approved in April 2003.

Gay Straight Alliance (GSA) Allowed at Texas School
March 2003; Klein, TX

The ACLU filed a lawsuit against the Klein Independent School District superintendent and the high school principal for refusing to allow a Gay Straight Alliance (GSA) to form on campus. A settlement was reached in early March 2003 and the GSA is now in place.

The student organizing the club on campus responded to the good news, "I definitely think that the effort was worth it. I had to give up a little bit of time, but now my school is going to be a whole lot safer because of it. We're going to be able to meet. We're going to be able to work towards spreading tolerance around the school."

District officials said that they would have fought the lawsuit if they thought they had a chance of winning the case. Instead, they said that the decision to allow the club was out of their control, as it is governed by the federal Equal Access Act. The superintendent remarked, "The issue is that regardless of my personal feelings, the principal's personal feelings or the community's opinion it is a matter of law."⁸

In order to join any club at the school, including the GSA, each student must now obtain written parental permission.

Students Make Proposals on Sex Ed Changes January 2003; Lubbock, TX

The Lubbock Youth Commission made a proposal to the Lubbock Independent School District (LISD) Board asking it to change the school district's existing abstinence-only curriculum to a more comprehensive sexuality education curriculum that would include information on contraception and STDs.

The Youth Commission argued that the existing curriculum is not working and needs to be changed. "The current policies are ineffective," the 17-year-old mayor of the Lubbock Youth Commission said. "I think abstinence is wonderful; as a commission, we back abstinence. But when you look at the numbers, you see the abstinence curriculum fails."⁹ In its presentation, the commission pointed out that the teen pregnancy rates in Texas are above the national average. It also pointed out the STD rates in Lubbock County are consistently one of the highest in the state.

In its proposal, the commission asked the school district to consider three recommendations. The chairman of the Youth Commission Adult Advisory Board explained, "One is bringing health professionals into health classes once a semester to do HIV presentations on a more regular basis. A second strong recommendation is to form an investigative committee to look at potentials for sex ed curricula. Third, is to administer a national youth risk behavior survey every two years in LISD."¹⁰

This is not the first attempt by the Lubbock Youth Commission to institute a more comprehensive sexuality education program in the District's schools. The Lubbock County School Board has yet to make a decision.

Banned Books Put Back on Shelf in Texas
November 2002; Montgomery County, Texas

Two of Robie Harris's sexuality education books for children, It's So Amazing and It's Perfectly Normal, will once again be available on the shelves of the Montgomery County Public Library as a result of a decision by the recently expanded library review committee. The new 10-member committee voted to return the books. The panel felt strongly, a spokesperson said, that the library should provide a wide variety of books and that parents should determine what is appropriate for their children to read.¹¹

The spokesperson for Mainstream Montgomery County, a group formed to fight the ban of the books, supported the decision. "We're very pleased that [the committee] came to the right conclusion. We should be able to choose what we teach our children and not have someone else tell us what is appropriate and what is not,"¹² the group's spokesperson said.

The Republican Leadership Council vowed, however, to file additional complaints with the library over what they feel are more than 100 other offensive titles in the county libraries.

Gay and Lesbian Student Support Group Not Allowed to Post Flyers
November 2002; Lubbock, Texas

Gay and Proud Youth Group (GAP Youth), a gay and lesbian student support group, was denied permission by the principal and the assistant superintendent to post flyers in the Lubbock High School advertising their meetings. The assistant superintendent said ". . . we're denying access because we possibly think it could be a disruption on campus and create an environment that is not safe for our children."¹³

The GAP Youth Group vice president went before the Lubbock School Board in mid-November 2002 to appeal the school's decision. Board members did not discuss the request, ask questions, or announce a decision.

The Lubbock chapter of the ACLU is working with GAP Youth on a possible lawsuit if the Board of Trustees backs the school district's decision.¹⁴

Abstinence-Only-Until-Marriage Program Begins in Workplace
November 2001; Waco, TX

The McLellan County Collaborative Abstinence Project, McCAP, launched a workplace campaign that focuses on the cost of teen pregnancies and STDs to employers and health insurance providers, and how parents can encourage their children to practice abstinence. The McCAP program is currently funded by the state of Texas and is slated to receive an additional federal grant of $800,000 to expand its services over the next three years. The workplace presentation is currently free, but McCAP will soon begin charging businesses to provide the service.

At a news conference promoting the program, a "certified sexual abstinence trainer" spoke about the national cost of STD treatment and teen parenting, as well as the cost for a pap smear, cervical biopsy, laser surgical treatment, and operating room time. The trainer also discussed why "employees aren't performing as they should," stating that they "may be distracted by their own illnesses or their child's condition, including a child's emotional damage from engaging in sex too soon and without commitment." According to the executive director of McCAP, the program is tailored for adults who "think they know this information, but they don't" and those who do not discuss the topic of abstinence with their children because "they feel guilty about their own promiscuous pasts."¹⁵

Texas' Youth: Statistical Information of Note¹⁶

• In 2003, 46% of female high school students and 57% of male high school students in Texas reported ever having had sexual intercourse compared to 45% of female high school students and 48% of male high school students nationwide.
• In 2003, 2% of female high school students and 11% of male high school students in Texas reported having had sexual intercourse before age 13 compared to 4% of female high school students and 10% of male high school students nationwide.
• In 2003, 12% of female high school students and 19% of male high school students in Texas reported having had four or more lifetime sexual partners compared to 11% of female high school students and 18% of male high school students nationwide.
• In 2003, 36% of female high school students and 36% of male high school students in Texas reported being currently sexually active (defined as having had sexual intercourse in the three months prior to the survey) compared to 35% of females and 34% of males nationwide.
• In 2003, among those high school students who reported being currently sexually active, 17% of females and 21% of males in Texas reported having used alcohol or drugs the last time they had sexual intercourse compared to 21% of females and 30% of males nationwide.
• In 2003, among those high school students who reported being currently sexually active, 57% of females and 67% of males in Texas reported having used condoms the last time they had sexual intercourse compared to 57% of females and 69% of males nationwide.
• In 2003, among those high school students who reported being currently sexually active, 12% of females and 12% of males in Texas reported having used birth control pills the last time they had sexual intercourse compared to 21% of females and 13% of males nationwide.
• In 2003, 5% of female high school students and 4% of male high school students in Texas reported ever having been pregnant or gotten someone pregnant compared to 5% of female high school students and 4% of male high school students nationwide.
• In 2003, 78% of high school students in Texas reported having been taught about AIDS/HIV in school compared to 88% of high school students nationwide.
• In 2000, Texas' abortion rate was 17 per 1,000 women ages 15-19 compared to a teen abortion rate of 24 per 1,000 nationwide.¹⁷
• In 2001, Texas' birth rate was 66 per 1,000 women ages 15-19 compared to a teen birth rate of 45 per 1,000 nationwide.¹⁸

Dallas, Texas' Youth: Statistical Information of Note

• In 2003, 54% of female high school students and 64% of male high school students in Dallas reported ever having had sexual intercourse compared to 45% of female high school students and 48% of male high school students nationwide.
• In 2003, 4% of female high school students and 17% of male high school students in Dallas reported having had sexual intercourse before age 13 compared to 4% of female high school students and 10% of male high school students nationwide.
• In 2003, 13% of female high school students and 28% of male high school students in Dallas reported having had four or more lifetime sexual partners compared to 11% of female high school students and 18% of male high school students nationwide.
• In 2003, 40% of female high school students and 44% of male high school students in Dallas reported being currently sexually active (defined as having had sexual intercourse in the three months prior to the survey) compared to 35% of females and 34% of males nationwide.
• In 2003, among those high school students who reported being currently sexually active, 12% of females and 25% of males in Dallas reported having used alcohol or drugs the last time they had sexual intercourse compared to 21% of females and 30% of males nationwide.
• In 2003, among those high school students who reported being currently sexually active, 42% of females and 62% of males in Dallas reported having used condoms the last time they had sexual intercourse compared to 57% of females and 69% of males nationwide.
• In 2003, among those high school students who reported being currently sexually active, 9% of females and 7% of males in Dallas reported having used birth control pills the last time they had sexual intercourse compared to 21% of females and 13% of males nationwide.
• In 2003, 10% of female high school students and 6% of male high school students in Dallas reported ever having been pregnant or gotten someone pregnant compared to 5% of female high school students and 4% of male high school students nationwide.
• In 2003, 83% of high school students in Dallas reported having been taught about AIDS/HIV in school compared to 88% of high school students nationwide.

Houston, Texas' Youth: Statistical Information of Note¹⁹

• In 2001, 43% of female high school students and 56% of male high school students in Houston reported ever having had sexual intercourse compared to 43% of female high school students and 49% of male high school students nationwide.
• In 2001, 5% of female high school students and 15% of male high school students in Houston reported having had sexual intercourse before age 13 compared to 4% of female high school students and 9% of male high school students nationwide.
• In 2001, 9% of female high school students and 24% of male high school students in Houston reported having had four or more lifetime sexual partners compared to 11% of female high school students and 17% of male high school students nationwide.
• In 2001, 33% of female high school students and 39% of male high school students in Houston reported being currently sexually active (defined as having had sexual intercourse in the three months prior to the survey) compared to 33% of females and 33% of males nationwide.
• In 2001, among those high school students who reported being currently sexually active, 19% of females and 28% of males in Houston reported having used alcohol or drugs the last time they had sexual intercourse compared to 21% of females and 31% of males nationwide.
• In 2001, among those high school students who reported being currently sexually active, 56% of females and 73% of males in Houston reported having used condoms the last time they had sexual intercourse compared to 51% of females and 65% of males nationwide.
• In 2001, among those high school students who reported being currently sexually active, 9% of females and 7% of males in Houston reported having used birth control pills the last time they had sexual intercourse compared to 21% of females and 15% of males nationwide.
• In 2001, 6% of female high school students and 6% of male high school students in Houston reported ever having been pregnant or gotten someone pregnant compared to 5% of female high school students and 4% of male high school students nationwide.
• In 2001, 81% of high school students in Houston reported having been taught about AIDS/HIV in school compared to 89% of high school students nationwide.

Title V Abstinence-Only-Until-Marriage Funding

Texas received $4,922,091 in federal Title V funding in Fiscal Year 2003. The Title V abstinence-only-until-marriage grant requires states to provide three state-raised dollars or the equivalent in services for every four federal dollars received. The state match can be provided in part or in full by local groups. Texas matches its federal funding with $1.6 million from the state budget. The money is controlled by the Texas Department of Health and is split between a media campaign (which is used only occasionally), community groups, technical assistance, program evaluation, and administrative costs. The majority of the money is given to 31 community based organizations, seven of which are school districts.

The Medical Institute for Sexual Health (MISH) is a grantee. MISH is working with the ChangeMakers seminar and focuses on adult community leaders to establish "a 'Community Milieu' that supports abstinence." MISH holds seminars designed to develop action strategies to mobilize communities and build community-wide consensus. MISH is also creating a media campaign to compliment this project and to further its reach.

Texas is undertaking a two-phase evaluation of Title V programs. The first part will be an evaluation of the abstinence programs. The second phase will be an outcome evaluation focusing on actual behaviors, including abstinence rates, teen pregnancy rates, teen birth rates, and STD rates. This was scheduled to end in Fiscal Year 2002, but (according to staff at the Texas Department of Health) was continued as the evaluation became more extensive than originally anticipated. Texas A&M University is running this study.

Special Projects of Regional and National Significance-Community Based Abstinence Education (SPRANS-CBAE) and Adolescent Family Life Act (AFLA) Grantees

There are six SPRANS-CBAE grantees in Texas: Longview Wellness Center, Chancellor Brooks Sustaita Medical Center, Worth the Wait, McLennan County Collaborative Abstinence Project, Sex Education Programs (Scott and White Memorial Hospital and Clinic), and Fort Bend Independent School District. There are five AFLA grantees: Baptist Children's Home, Dallas Independent School District (receives two grants), JOVEN, Fifth Ward Enrichment Program, and Youth and Family Alliance (dba Lifeworks).

The Worth the Wait program is focusing on Gray, Hemphill, and Wheeler Counties. It targets students ages 11 to 17 and their parents and uses doctors, nurses, social workers, and youth leaders to provide an abstinence message. The program is described as "medically accurate." In addition, a media campaign will be used to cover the entire Texas Panhandle, which consists of 25 counties.

Federal and State Funding for Abstinence-Only-Until-Marriage Programs in FY 2003

Title V Abstinence-Only-Until-Marriage Coordinator

Mike Messinger
Texas Department of Health
1100 W. 49th St.
Austin, TX 78756
Phone: (512) 458-7111

Texas Organizations that Support Comprehensive Sexuality Education

TARAL
P.O. Box 684602
Austin, TX 78768
Phone: (512) 462-1661
http://www.taral.org

ACLU of Texas
P.O. Box 3629
Austin, TX 78764
Phone: (512) 441-0077
http://www.aclutx.org

Planned Parenthood Houston and Southeast Texas Action Fund
3601 Fannin
Houston, TX 77004
Phone: (713) 522-6240
http://www.pphouston.org

Planned Parenthood of North Texas Action Fund
1555 Merrimac Circle, Suite 218
Fort Worth, TX 76107
Phone: (817) 882-1190
http://www.ppnt.org

Planned Parenthood of San Antonio and South Central Texas Action Fund
104 Babcock Rd.
San Antonio, TX 78201
Phone: (210) 736-2244
http://www.ppsctx.org

Planned Parenthood of Texas Capital Region Action Fund
1209 Rosewood Ave.
Austin, TX 78702
Phone: (512) 472-0868, ext. 103
http://www.ppaustin.org

Texas Freedom Network
P.O. Box 1624
Austin, TX 78767
Phone: (512) 322-0545
http://www.tfn.org

Women's Health and Family Planning Association of Texas
P.O. Box 3868
Austin, TX 78764
Phone: (512) 448-4857
http://www.whfpt.org

Texas Organizations that Oppose Comprehensive Sexuality Education

Aim For Success
P.O. Box 550336
Dallas, TX 75355
Phone: (972) 422-2322
http://www.aimforsuccess.org

Free Market Foundation
903 E. 18th St.
Nathaniel Barret Building, Suite 230
Plano, TX 75074
Phone: (972) 423-8889
http://www.freemarket.org

Life Dynamics
P.O. Box 2226
Denton, TX 76202
Phone: (940) 380-8800
http://www.ldi.org

Medical Institute for Sexual Health
P.O. Box 162306
Austin, TX 78716
Phone: (512) 328-6268
http://www.medinstitute.org

Texas Alliance for Life
2026 Guadalupe Street, Suite 312
Austin, TX 78705
Phone: (512) 477-1244
http://www.texasallianceforlife.org

Texas Right To Life Committee, Inc.
6776 Southwest Freeway, Suite 430
Houston, Texas 77074
Phone: (713) 782-LIFE
http://www.texasrighttolife.com

Wonderful Days
3200 Riverfront, Ste. 100
Fort Worth, TX 76107
Phone: (817) 335-5000
http://www.days.org

Newspapers in Texas

Austin American-Statesman
Mary Ann Roser
Medical/Health Writer
305 S. Congress Ave.
Austin, TX 78704
Phone: (512) 445-3619

Beaumont Enterprise
Andrea Wright
Medical/Health Writer
380 Main St.
Beaumont, TX 77701
Phone: (409) 838-2802

Corpus Christi Caller-Times
Beth Cross
Medical/Health Reporter
820 N. Lower Broadway St.
Corpus Christi, TX 78401
Phone: (361) 886-3618

The Dallas Morning News
Linda Crosson
Medical/Health Editor
508 Young St.
Dallas, TX 75202
Phone: (214) 977-7788

El Diario
Ruben Terrazas
Medical/Health Editor
425 N. Kansas St.
El Paso, TX 79901
Phone: (915) 772-1043

El Paso Times
Maribel Villalva
Community News Editor
300 N. Campbell St.
El Paso, TX 79901
Phone: (915) 546-6397

Fort Worth Star-Telegram
Carolyn Poirot
Medical/Health Staff Writer
400 W. 7th St.
Fort Worth, TX 76102
Phone: (817) 390-7687

Houston Chronicle
Linda Gilchriest
Community News Editor
801 Texas St.
Houston, TX 77002
Phone: (713) 362-7480

Lubbock Avalanche-Journal
Karen Brehm
Medical/Health Editor
710 Avenue J
Lubbock, TX 79401
Phone: (806) 766-8746

San Antonio Express-News
Karen Davis
Community News Editor
Ave E at Third St.
San Antonio, TX 78205
Phone: (210) 250-3325

References

* Exact funding information for four SPRANS-CBAE grantees in Texas was not available to SIECUS.

1. This refers to the fiscal year for the Federal Government which begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2003 begins on October 1, 2002 and ends on September 30, 2003.
2. B. Gutierrez, "Student Group Gets Backing of ACLU; Burbank Pupils Say Administrators Tore Off Gay Rights Stickers," San Antonio Express-News (Texas), May 28, 2003.
3. Ibid.
4. Ibid.
5. ACLU Letter to Andrew Rodriguez, May 27, 2003. Available online at http://www.aclu.org/Files/OpenFile.cfm?id=12725.
6. Ibid.
7. M.B. Taboada, "Leander Board OKs Revision to Sex Ed Class; Talks About Oral, Anal Sex Now Allowed Starting in Eighth Grade Curriculum," Austin American-Statesman (TX), April 18, 2003.
8. "Gay Club Gets Go Ahead at Klein High School: Parents, Community Leaders Asked District to Fight Suit," KPRC- TV, March 5, 2003.
9. C. Connolly, "Texas Teaches Abstinence, with Mixed Grades," The Washington Post, January 21, 2003.
10. "Bringing More Sex Ed into Lubbock Schools," KCBD.com, January 10, 2003.
11. B. Kuhles, "RLC Vows to Continue Challenge on Books; Library Panel Returns Contested Works to Shelves," The Houston Chronicle, Houston, TX, November 21, 2002.
12. "Committee Agrees to Put Sex Education Books Back on Library Shelves," Associated Press, Conroe, TX, November 20, 2002.
13. "Gay & Lesbian Group Fight for Equality," KCBD-TV (Lubbock, TX), November 14, 2002. Available online at: http://www.kcbd.com/Global/story.asp?s=%20%201013343.
14. "Court Fight a Possibility for Lubbock District, Gay Students," Associated Press, Lubbock, TX, November 15, 2002.
15. T. Ryan, "New Abstinence Tactic: Linking Money To Sex," Waco Herald-Tribune, Waco TX, Oct. 17, 2001.
16. Unless otherwise cited, all statistical information comes from: J. Grunbaum, et. al., "Youth Risk Behavior Surveillance - United States, 2003," Surveillance Summaries, Morbidity and Mortality Weekly Report, vol. 53, no.SS-2, May 21, 2004, pp. 1-95. Available online at: http://www.cdc.gov/nccdphp/dash/yrbs/. Statistics do not include data from one of Texas' largest school systems.
17. U.S. Teenage Pregnancy Statistics: Overall Trends, Trends by Race and Ethnicity and State-by-State Information, (New York: Alan Guttmacher Institute, February, 2004). Available online at www.guttmacher.org.
18. A. Papillo, et.al., Facts at a Glance, (Washington, DC: Child Trends, February, 2004).
19. J. Grunbaum, et. al., "Youth Risk Behavior Surveillance - United States, 2001," Morbidity and Mortality Weekly Report, vol. 51, no.SS-4, June 28, 2002, pp. 1-64. Available online at: http://www.cdc.gov/nccdphp/dash/yrbs/. Houston, Texas did not participate in the 2003 YRBS.